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  • Question

    Does the Contracting Officer (CO) award a purchase order, resulting from the RFQ that he issued, intending to award under the SAT? Or, does the CO award a contract, due to the fact that the quote exceeded the SAT?


    Answer

    This limited information about the specific acquisition makes it difficult to say what the Contracting Officer should do.

    The FAR clearly states, "Agencies shall use simplified acquisition procedures to the maximum extent practicable for all purchases of supplies or services NOT exceeding the Simplified Acquisition Threshold." And that, (paraphrased) 'the Contracting Officer shall NOT use Simplified Acquisition Procedures (SAP) to acquire supplies or services if the anticipate award will exceed the Simplified Acquisition Threshold (SAT).' 

    The contractors submitting proposals should not have done so since their proposals exceeded the SAT and the issuance of the solicitation was reliant on the acquisition being for an amount under the SAT. The SAP does not apply to awarding a contract over the SAT.



    13.003 -- Policy.
    (a) Agencies shall use simplified acquisition procedures to the maximum extent practicable for all purchases of supplies or services not exceeding the simplified acquisition threshold
    (c)
    (1) The contracting officer shall not use simplified acquisition procedures to acquire supplies and services if the anticipated award will exceed—
    (i) The simplified acquisition threshold

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